Gross

Electrical Research Products, Inc. v. Gross

Caution
5 Alaska Fed. 854·86 F.2d 925·1936 U.S. App. LEXIS 3893
United States Court of Appeals for the Ninth CircuitDecember 14, 1936No. 8044California3,578 words

Opinion

Lead Opinion

Mathews, J.

This action was brought by appellant against appellee in the District Court for Alaska to recover possession of certain theater equipment owned by appellant and detained by appellee in his theaters at Juneau and Ketchikan, 1 and to recover $2,100 as damages for its detention and $1,200 as attorneys’ fees. The value of the equipment, as alleged in the complaipt, is $13,200.

The action does not arise under any law of the United States, nor is there any showing of diverse citizenship or other ground of Federal jurisdiction. The District Court for Alaska, however, is not only a federal District Court, but is also a court of general jurisdiction in civil cases. Compiled Laws of Alaska 1933, § 1091 (48 U.S. C.A. § 101). It therefore had jurisdiction of this case.

The action was brought under sections 3493-3504 of the Compiled Laws of Alaska 1933 (Act of June 6, 1900, c. 786, title 2, §§ 123 — 134, 31 Stat. 351 — 353). Having made the affidavit and given the undertaking which the statute prescribes, appellant required the marshal to take the above-mentioned equipment from appellee and deliver it to appellant. The marshal did take the equipment from appellee, and thereafter, no…

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